Case Details

Citation(s)
2002 SLG 3124 2002 SLD 3124 2002 PLD 33
Peshawar High Court
Criminal Bail Application No. 185 of 2001, Dated: 14th November, 2001, heard on: 13th November, 2001.
QAZI EHSANULLAH QURESHI, JUSTICE AND EJAZ AFZAL KHAN, JUSTICE
Dost Muhammad Khan for Petitioner. Saleemullah Ranuani, State Counsel for the State.

GOHAR ZAMAN (CORRECT NAME GOHAR MUNIR)

VS

THE State.

Law:

Section:

Criminal Procedure Code (V of 1898)---.---- ---.----S. 497---.---West Pakistan Arms Ordinance (XX of 1965), Ss. 13/14--¬Surrender of Illicit Arms Act (XXI of 1991), Ss.2(iv), (v) & 7---.---Bail, grant of---.---Illicit arms and ammunition allegedly recovered from the house of the accused did not fall within the ambit of S.2(iv) of Surrender of Illicit Arms Act, 1991, but instead those were the type which would fall within the purview of S.2(v) of the said Act which was punishable with imprisonment which could extend to fourteen years---.---Extreme punishment could only be awarded when the antecedents of the accused so justified---.---Accused, thus, could not be awarded an extreme penalty in the absence of any such antecedents---.---Accused was allowed bail. THIS JUDGMENT DELIVERED BY: QAZI EHSANULLAH QURESHI, JUSTICE:---.--- For reasons to be recorded later, this application is allowed and the petitioner is directed to be released on bail in the sum of Rupees three lacs with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate, who shall see that the sureties are local, reliable and men of means. EJAZ AFZAL KHAN, JUSTICE:--The petitioner who is charged in a case registered against him under sections 13/14, Arms Ordinance read with section 7 of Illicit Arms Act vide F.I.R. No.459 dated 30-9-2001 of Police Station Cantt., D.I. Khan for having been found in possession of illicit arms and ammunition when failed to get the concession of bail from the lower forum has moved this Court for the same relief. 2. Learned counsel for the petitioner contended that though the police had prior information that the petitioner is keeping illicit arms and ammunition, they did not take…
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